Entries by Rina R. Russo

Second and Sixth Federal Circuits Expand LGBTQ Workplace Rights

  While there is no federal law expressly prohibiting sexual orientation and gender identity discrimination in employment, two federal appellate courts have recently expanded the rights of gay and transgender employees. The Second Circuit Court of Appeals, which presides over New York, Connecticut and Vermont, ruled that employees are protected from discrimination on the basis […]

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Supreme Court Denies Review of Extended Leave of Absence Decision

    The U.S. Supreme Court will not review an appellate court decision which held that a leave of absence from work lasting several months is not a reasonable accommodation under the Americans with Disabilities Act (ADA). That decision came from the Seventh Circuit Court of Appeals, which covers Illinois, Indiana and Wisconsin. The plaintiff […]

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NLRB’s New Employee Handbook Guidance

“Disparaging or offensive language is prohibited.” “Employees may not engage in disrespectful conduct.” The above rules might seem reasonable to you or perhaps you have seen them in your own company’s employment policies. However, prior to the National Labor Relations Board’s (“NLRB”) ruling in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017), these types […]

NLRB Announces Proposed New Joint Employer Standard

On September 13, 2018, the National Labor Relations Board (NLRB) announced its new proposed rule regarding its joint employer standard. It provides that an employer may be determined a “joint employer” of another employer’s employees: 1) if the first employer “possesses and exercises substantial, direct and immediate control over the essential terms and conditions of […]

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OSHA Clarifies Its Final Rule Regarding Employer Drug Testing Policies

This fall, the Occupational Safety and Health Administration (OSHA) issued a memorandum clarifying its position on post-incident drug testing. In the memorandum, OSHA noted that drug testing used to evaluate the underlying cause of a workplace incident that harmed or could have harmed an employee is lawful. However, OSHA cautioned that if an employer does […]

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Now is the Time to Revisit Your Parental Leave Policies

At one time, it was common for employers to offer maternity leave to new mother employees, but not offer any leave to new father employees.  However, in 2015, the Equal Employment Opportunity Commission (EEOC) issued its most recent enforcement guidance for employers on parental leave policies: “[E]mployers should carefully distinguish between leave related to any […]